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(영문) 대구지방법원 2013.01.17 2012가합2655
대여금
Text

1. The Plaintiff:

A. As to the Defendant (Appointed Party)’s KRW 385,632,784 and its KRW 271,078,446 among them, the Defendant (Appointed Party) shall begin on March 6, 2012.

Reasons

1. Basic facts

A. On March 5, 2003, the Plaintiff: (a) sold the building of Daegu-gu D and ground (hereinafter “instant building”) to the Appointor C; and (b) did not receive KRW 300,000,000 from the remainder amount; (c) on October 2, 2003, the Plaintiff drafted a cash storage certificate (Evidence A) with the Appointor C, with the Defendant’s joint and several surety, as follows:

一金參억원정(삼억) 단, ① 月이자는 金四(사)백만원으로 하되, 일부 변제로 채권액이 金貳(이)억원 일때는 月이자는 貳(이)백만원으로 한다.

(2) Until the amount of credit is fully repaid, the Daegu-gu Seoul-gu residential housing shall be free of charge.

As above, instead of lending the remaining amount of KRW 300,000 (hereinafter “the first loan”), the Plaintiff recognized the deposit amount of KRW 100,000,000 as a result of residing in the part of the instant building and deducted it from the remaining amount (so, the interest on the first loan was calculated only for KRW 200,000), and thereafter, the Plaintiff went into the part of the instant building and was returned as the deposit amount of KRW 100,000,000 in total on March 22, 2007 and on March 26, 2007.

B. On January 6, 2004, the Plaintiff, under the Defendant’s joint and several sureties, lent KRW 100,000,000 (hereinafter “second loan”) to the selector C at the interest rate of KRW 2% (24% per annum).

On May 26, 2008, 10 million won of a temporary loan, or on July 31, 201, 2000 million won of the temporary loan,

C. The Plaintiff loaned a total of KRW 110,000,000 to the Defendant (hereinafter “third loan”) as follows, and remitted the amount to the account in the name of the selected party C or his/her father E.

The plaintiff from the defendant on May 20, 2003, KRW 5,000,00,000 for the same year

7. 24.4,000,000 won, and the same year.

8. 12.4,00,000 won, and the same year;

9.9.4,00,000 Won in total and in separate notes 17,00,000,000, respectively.

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